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  • Interpretation
  • No.26
  • Date
  • 1953/10/09
  • Issue
    • Does Article 17 of the Rules Governing the Supervision of the Pawnshops contradict Articles 949 and 950 of the Civil Code?
  • Holding
    •        Since the pawnshop business is publicly operated and under the supervision of an authorized government agency, it shall be protected under the law unless its operator has knowledge that the object to be pawned has been stolen or looted. Article 17 of the Rules Governing the Supervision of the Pawnshops is for the purpose of harmonizing and reconciling the interests between the claimant of recovery rights and bona fide possessor, which does not contradict the legislative spirit of Article 950 of the Civil Code. Hence, there is no issue of contradiction with Article 949 of the same Code.
      
    • *Translated by Professor Andy Y. Sun.
  • Reasoning
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